Purchase Terms
The Photo service is operated by Pixology Limited. Set out below
are the terms of use for the service.
Pixology Print Promotion Rules For Currys Online
Developing Suite
- Pixology Limited ("Pixology") is offering free processing of
up to 10 6" x 4" size prints of a person's ( "Entrant") order
for prints from Pixology via Currys (which is a partner company
of Pixology) from 29 March 2002. If an Entrant's order is for
less than 10 6" x 4" prints, that number of prints will be processed
free by Pixology. If an Entrant's order is for more than 10 6"
x 4" prints, the Entrant will not pay for 10 of those 6" x 4"
prints, however the Entrant will pay for all of the remaining
prints ordered plus postage and packing. When ordering prints
from Pixology (via Currys Online Developing Software Suite), the
order form will describe the size of the print that will be free
for the 10 6" x 4" free prints under this free processing offer.
For the purposes of these rules, the free processing offer described
in this Clause 1 will be know as the "Print Promotion".
- These terms and conditions comprise a binding agreement between
each Entrant and Pixology in respect of the Print Promotion ("Promotion
Rules"). Currys Online Developing Suite standard terms and conditions
("Standard Terms") will also apply to any orders for prints made
by an Entrant ( please click here to read
these Standard Terms). Where the Promotion Rules conflict with
the Standard Terms, the Promotion Rules will prevail.
- All Entrants must provide the correct delivery name and address
together with the Entrant's e-mail address to be eligible for
the Print Promotion. By ordering prints from Pixology, the Entrant
acknowledges that it has read and agrees to the provisions contained
in the Standard Rules and these Promotion Rules.
- Pixology can only deliver prints to United Kingdom addresses.
It is the Entrant's responsibility to provide a suitable address
in the United Kingdom when placing an order with Pixology for
any prints. Any time of delivery is an estimate only in respect
of the delivery to an Entrant and Pixology will not be liable
for any late delivery of prints under the Print Promotion or any
loss or damage caused as a result. Every effort will be made to
deliver the prints under the Print Promotion in good condition,
however Pixology does not accept responsibility for any loss or
damage caused during the delivery or transit of any prints under
the Print Promotion.
- All postage and packaging in respect of delivering any prints
under the Print Promotion to the Entrant will be paid for by the
Entrant where more than 10 6" x 4" prints are ordered.
- Pixology's Print Promotion is only available to Entrants from
29 March 2002. Entries to this Print Promotion are limited to
one person per household.
- Entrants who submit fraudulent, illegible, multiple or incorrectly
completed orders will not be entitled to receive any prints under
this Print Promotion and no responsibility can be accepted by
Pixology for any delayed, lost or misplaced orders. Proof of an
Entrant's eligibility to enter the Print Promotion may be required.
- Pixology will not offer cash alternatives in whole or in part
in respect of this Print Promotion.
- Pixology reserves the right, at its sole discretion and without
notice to any Entrant, to suspend or cancel this Print Promotion
for legal or technical reasons. Pixology will give Entrants as
much notice as possible prior to taking any of the actions described
in this clause by e-mailing each Entrant, but prior notice may
not be feasible for a variety of reasons.
- This Print Promotion is run subject to English law. Pixology
makes no representation that this Print Promotion complies with
the law of any other country other than the United Kingdom.
1.Pixology Purchase Terms
1.1 These purchase terms ("Purchase Terms") comprise
a binding contract between you as an authorised user ("Authorised
User" or "you") of the Currys Online Developing Software
Suite("Service") and Pixology Limited ("Pixology")
for the purchase of photographic prints ("Prints") printed
from digital photos uploaded to Pixology via the internet.
1.2 Please read these Purchase Terms carefully because they
form a legal document. By submitting an order you agree to be bound
with Pixology by these Purchase Terms. If you do not wish to accept
these Purchase Terms, you should not submit an order.
1.3 These Purchase Terms do not affect any consumer rights
which you may have under the provisions of any law or regulation
in the country where you live ("Local Law"), except where
those rights are capable of being waived by you under the provision
of your Local Law. You agree that, agreeing to these Purchase Terms
with Pixology, you waive any consumer rights you have which are
capable of being waived under your Local Law and that these Purchase
Terms are the only terms and conditions that apply between you and
Pixology in respect of your use of the Service and the supply by
Pixology of your Prints.
2.Terms of Purchase
2.1 By the display and description of this Service, Pixology
does not agree to process your order and supply your Prints at the
prices specified, or at all.
2.2 These Purchase Terms will not form a binding contract
between you and Pixology for the purchase and supply of the Prints
until the following conditions have been met:
(a) you have submitted your offer to buy certain Prints ('Order')
using the order facility provided; and
(b) Pixology notifies you by e-mail that your Order for those Prints
has been accepted and Pixology agrees to supply the Prints to you.
2.3 For the avoidance of doubt, except as set out in Clause
5.1 you do not have a right to cancel your Order for Prints after
Pixology has provided its notice of acceptance to you in accordance
with Clause 2.2 above.
2.4 Pixology will not be responsible for any loss or damage,
howsoever arising, as a result of a failure, refusal or inability
by Pixology to fulfil an Order.
3.Price and Specification of Prints
3.1 All prices quoted include value added tax (at the applicable
rate from time to time), and if there is a separate postage and
packaging charge this is listed with the price and specification
of Prints. The total cost is the "Purchase Price". Pixology
shall not be liable for any other sales taxes, customs or import
duties or other taxes which may be imposed on you by any relevant
taxing authority. You are responsible for any such taxes.
3.2 All Purchase Prices and specifications of Prints are
subject to change without notice to you, except where Pixology has
accepted your Order and agreed to deliver the Prints to you in accordance
with Clause 2.2.
3.3 The Purchase Price payable for use of the Service must
be paid in advance. The Purchase Price is paid by credit card. We
have the right to check with your card provider and any credit reference
agency or bank to confirm whether or not you are able to pay the
Purchase Price. We have the right to refuse your order at our discretion.
4. Delivery of Prints
4.1 All Prints will be delivered to you at the address given
by you during the registration process, within 5 working days (all
other products within 10 working days, Albums within 28 days) of
your Order being accepted by Pixology pursuant to Clause 2.2 above,
unless an alternative timeframe is notified to you by Pixology prior
to the expiry of the delivery period.
4.2 Notwithstanding Clause 4.1, the time of delivery is
an estimate only and Pixology shall not be liable for any late delivery
of the Prints or any loss or damage caused as a result.
5. Returns Policy
5.1 In the event that the Prints are damaged or defective
when you receive them, or do not match the description specified
in this Service, you are entitled to send the Prints back to Pixology
within 14 days of receipt by you. In those circumstances, Pixology
will provide a full refund of the Purchase Price together with the
return postage and packing after it has received the Prints from
you.
5.2 In the event that you return any Prints to Pixology
in accordance with Clause 5.1, and Pixology can demonstrate that
they were not faulty when received by you, Pixology reserves the
right to retain the Purchase Price, return the Prints to you and
to claim the cost of such return postage from you.
6. Duration of Purchase Terms and Termination
6.1 These Purchase Terms are binding upon you immediately
you accept them in accordance with Clause 2 and they will remain
in force until both parties have performed their obligations under
these Purchase Terms or either party breaches its obligations under
these Purchase Terms.
6.2 Termination in accordance with this Clause 6 shall not
prejudice or affect any right of action or remedy which shall have
accrued or shall thereafter accrue to either of us.
7. Pixology's Responsibilities
7.1 Pixology undertakes to use commercially reasonable endeavours
to prevent breaches of security of the Service (including your credit
card details provided by you when you submit an Order for any Prints),
and to use reasonable endeavours to ensure that any Pixology suppliers,
subcontractors or agents (collectively, "Pixology Contractors")
comply with this Clause 7.1.
7.2 Pixology will use reasonable endeavours to respond to
your Order within a reasonable length of time.
7.3 The service is provided on an "as is" and
"as available" basis, and Pixology makes no representation
or warranty that the Service offered will be accessible, or useable
by you, or error free.
7.4 Pixology reserves the right without notice to you, to
suspend or alter the operation of the Service, at its sole discretion
or for legal or technical reasons. Pixology will give you as much
notice as possible prior to taking any of the actions described
in this Clause, but prior notice may not always be feasible for
a variety of reasons.
8. Your Responsibilities
8.1 You agree that you are responsible for the security
and use of any user names or passwords needed to access the Service
or any part of it. You must take all reasonable steps to ensure
that these user names and passwords are kept confidential and secure
and that you do not allow any unauthorised person to access the
Service using your user name or password.
8.2 You warrant that you are at least 18 years old and the
proper authorised owner of the credit card, details of which you
supply to Pixology.
8.3 You warrant that all information given by you in your
registration or use of this Service is accurate and not misleading
and that you will not use this Service:
(a) for any fraudulent or illegal purposes;
(b) for the transmission or posting of any computer viruses or any
material which is defamatory, offensive or of an obscene or menacing
character, or in such a way as to cause annoyance, inconvenience
or needless anxiety and you agree that you will be liable for any
action taken against us or against you in relation to such use;
and
(c) in a manner which constitutes a violation or infringement of
any right of person, firm or company (including but not limited
to rights of copyright or confidentiality).
8.4 You agree only to send to us images in which you own
the copyright (e.g. you took the photographs or they were taken
with your permission with your camera) or images which you are authorised
to send to us. You agree not to infringe the intellectual property
rights of any third party.
8.5 You acknowledge that all copyright, trademarks and all
other intellectual property rights in any part of the Service or
any material supplied as part of the Service belongs to us or our
licensors. You acknowledge that you are permitted to use the Service
only as expressly authorised by us pursuant to these Purchase Terms.
8.6 You agree to indemnify Pixology against any claims,
costs, expenses or legal proceedings caused as a result of your
use of this Service in contravention of this Clause 8. Further,
in these circumstances, Pixology shall be entitled to treat the
contravention as a material breach of these Purchase Terms and terminate
the Purchase Terms, cancel any pending orders for Prints made by
you and terminate any access permission granted to you by Pixology
forthwith, without notice to you.
8.7 You are advised to read our Privacy Policy.
9.Limitation of Liability
9.1 Pixology does not limit its liability for death or personal
injury to the extent only that it arises as a result of the negligence
of Pixology, its employees, or Pixology Contractors, and the remainder
of this Clause 9 shall not apply to such liability.
9.2 To the extent that Pixology is deemed by a court of
competent jurisdiction, to have any liability to you in contract,
tort (including negligence) or otherwise in relation to the Service
or any Prints supplied by Pixology or Pixology's Contractors, Pixology's
entire liability shall be limited to £500 for any one incident
or series of related incidents and up to £1,000 for all incidents
in any period of 12 months.
9.3 Pixology shall not be liable to you in contract, tort,
negligence (other than fraudulent or negligent misrepresentations)
or otherwise for:
(a) any economic loss, (including without limitation, loss of revenue,
business, contracts, profits or anticipated savings);
(b) any loss of goodwill or reputation;
(c) any loss of data; or
(d) any special, indirect or consequential loss.
9.4 The express terms of these Purchase Terms are in lieu
of all warranties, conditions, undertakings, terms, and obligations
implied by statute, common law, usage, course of dealing or otherwise,
all of which are excluded to the fullest extent permitted by law.
10.Notices
10.1 You may send a legal notice to Pixology, or any questions
you may have concerning these Purchase Terms, by e-mail to
digital-uk@cewecolor.co.uk, or by writing to us at,
Currys Online Developing Suite,
20 Priestley Road,
Surrey Research Park,
Guildford,
Surrey,
GU2 7YS,
United Kingdom.
Such notices will be effective within 3 days of receipt by Pixology.
10.2 Pixology may give notice to you by general notice on
its web site, pixology.com, by e-mail to your e-mail address on
record with Pixology, or by post to the geographical address on
record with Pixology. Such notice will be effective if sent by e-mail
or posted on Pixology's web site, 3 days from the date it was sent
or posted. If sent by regular post, it will be effective 3 days
after posting by Pixology.
11. Third Parties
Nothing in these Purchase Terms shall confer on any third party
any benefit or the right to enforce any term of this Agreement.
For the avoidance of doubt, the Contracts (Rights of Third Parties)
Act 1999 shall not apply to these Purchase Terms.
12. General
12.1 These Purchase Terms form the entire agreement between
you and Pixology and supersede any other oral or written communications,
agreements or representations with respect to your use of this Service.
12.2 Pixology reserves the right to add to or change the
terms of these Purchase Terms in its sole discretion without prior
notice to you. All changes to the Purchase Terms will be effective
once posted on the Service. Pixology will provide notice of the
changes to the Purchase Terms for (30) days after posting the amended
Purchase Terms on the Service. Your continued use of the Service
and submission of any Order in accordance with Clause 2.2.1 above
following Pixology's posting of such changes will be regarded by
Pixology as acceptance of the amended Purchase Terms. If you do
not agree to be bound by the amended Purchase Terms, you should
exit the Service and not access the Service or submit any Orders
for Prints to Pixology.
12.3 Nothing in these Purchase Terms affects your statutory
rights as a consumer.
12.4 If any part of these Purchase Terms are held by a court
of competent jurisdiction to be unenforceable, the validity of the
remainder of these Purchase Terms will not be affected.
12.5 If Pixology is unable to perform any obligation under
these Purchase Terms because of a matter beyond its reasonable control
(including but not limited to); fire, flood, explosion, war, civil
disorder, industrial disputes (whether or not involving its employees),
or other disasters or governmental laws and regulations imposed
after the fact, or events beyond the reasonable control of Pixology,
Pixology will have no liability for that failure to perform.
12.6 Your use of the Internet is solely at your risk and
subject to all applicable laws, and Pixology has no responsibility
for any information, software, services or other materials accessed
or obtained by you using the Internet.
12.7 Unless otherwise specified elsewhere in this Service,
all Prints will only be delivered to those Authorised Users who
are located in the United Kingdom. Pixology makes no representation
that any of the Prints are appropriate for use, or available, in
any other locations Unless otherwise specified elsewhere in this
Service, those who choose to access this Service from any location
outside the UK are solely responsible for compliance with Local
Law if, and to the extent it is applicable.
12.8 If you have a complaint about this Service, please
send it to us in writing to the address set out in Clause 10.1 above.
12.9 These Purchase Terms are governed by the laws of England,
and subject to the non-exclusive jurisdiction of the English Courts.
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